State v. Buckner
292 Ga. 390
| Ga. | 2013Background
- Buckner indicted in Dec 2007 in Chatham County for Ashleigh Moore's murder, kidnapping, and molestation.
- After years without trial, Buckner moved to dismiss for denial of speedy trial; court dismissed the indictment.
- Trial court found a 53-month delay created a presumption of prejudice and ultimately dismissed the indictment.
- Trial court applied Barker-Doggett factors, weighing delays and reasons against the State and concluding denial of speedy trial.
- Georgia Supreme Court affirmed, noting deference to trial court’s factual findings and discretionary balancing; remedy of dismissal deemed appropriate under the circumstances.
- Record included claims of evidence tampering and discovery difficulties, underpinning asserted prejudice and the need for a speedy-trial remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay violated Buckner’s speedy-trial right under Barker-Doggett. | Buckner | State | Yes; delay presumptively prejudicial and satisfies Barker-Doggett inquiry |
| Whether the trial court properly weighed the Barker-Doggett factors without abusing discretion. | Buckner | State | No abuse of discretion; factors balanced to support denial of speedy-trial right |
| Whether Buckner’s late assertion of the right undermined his claim, and whether discovery delays mitigated prejudice. | Buckner | State | Kept against Buckner overall; mitigation due to discovery enforcement acknowledged but not dispositive |
| Whether the late death-penalty decision was a properly weighed delay. | Buckner | State | Delay weighed more heavily against State; discretion to weigh death-penalty decision supported by trial court |
| Whether Buckner suffered actual prejudice due to alleged tampering and lost evidence. | Buckner | State | No clear finding of actual prejudice; court reasonably found prejudice supported by inability to explore tampering evidence. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor speedy-trial test; balancing required)
- Doggett v. United States, 505 U.S. 647 (1992) (presumptive prejudice after extended delay; factors guide inquiry)
- State v. Porter, 288 Ga. 524 (2011) (Georgia appellate review is limited; deference to trial court on factual and discretionary rulings)
- Ruffin v. State, 284 Ga. 52 (2008) (factors weighed; emphasis on progress and prejudice; timing of demands matters)
- Pickett v. State, 288 Ga. 674 (2011) (recognizes Barker-Doggett factors; deference to trial court on weighing and mitigation)
- Brillon v. Brillon, 556 U.S. 81 (2009) (delay due to government action; heavier weight if deliberate or unnecessary)
- Jackson v. State, 279 Ga. 449 (2005) (allows consideration of peculiar circumstances in delay and prejudice)